Tag Archives: Patrick Lynch

A disabled man who was wrongly found fit for work under the government’s disability benefit assessment scheme is launching legal action to try and stop more disabled people being wrongly kicked off the social safety net.

Patrick Lynch, a former social care worker who was forced to quit work because of his impairments, is seeking a judicial review of the controversial disability benefit assessment scheme run by Atos.

The Work Capability Assessment (WCA), which determines eligibility for Employment and Support Allowance (ESA) for people whose health or impairment stops them from working, is at present hugely unreliable, with many people wrongly found fit for work despite severely debilitating and in some cases life-threatening conditions.

The legal action is seeking a ruling that would require Atos, the private firm that runs the WCA process on behalf of the Department of Work and Pensions (DWP), to grant all ESA claimants the unequivocal right to have their assessment recorded and to receive their WCA report before a decision on their eligibility is made – both key safeguards against people’s health conditions being misreported or ignored altogether.

DWP research and a survey conducted by Disabled People Against Cuts (DPAC) both show widespread demand from claimants to have their WCA assessments recorded, to ensure their medical conditions are not misrepresented in order to wrongly strip them of benefits. But while the DWP granted the right to request a recording earlier this year, there are considerable bureaucratic obstacles to both securing a recording and then using it in an appeal, with Atos recently introducing a restrictive ‘consent form’ for those wanting a recording of their assessment.

The case is being brought by Public Interest Lawyers, and draws on research by Disabled People Against Cuts and the TUC-backed campaign group False Economy.

Mr Lynch wants the DWP and Atos to adopt the following safeguards:

a) Universal recording to ensure that all claimants undergoing a WCA or an assessment under the new PIP benefit system will have the right to have their assessment recorded;

b) Claimants will get a copy of the WCA report before a decision is made on their eligibility for ESA, and will have the chance to raise any concerns with the DWP decision maker;

c) The DWP/Atos will be responsible for obtaining medical evidence from the medical professional named by the claimant;

d) The DWP ensures that all assessment centres are fully accessible.

Taken together, these measures would address some of the inaccuracy inherent in the disability benefits system. Disability campaigners have raised repeated concerns over how the WCA process causes huge stress for ESA recipients, with many disabled people’s lives ruined after wrongly having their benefits removed.

Mr Lynch, now a campaigner with DPAC, was found fit for work following a flawed WCA report in 2010, before the DWP reconsidered and reversed the decision. His most recent WCA this year upheld his benefit entitlement, but even then Atos’ report of his assessment contained inaccuracies.

In bringing the action Mr Lynch notes

“Disabled people and the poor in this Country have always struggled to get what they are duly entitled to. The fight must go on to address the injustice caused by this out of touch Government.”

A DPAC spokesperson said:

“The evidence is clear – more than 98 percent of those responding to our survey said they wanted their assessment recorded and that they believed it would provide a better account. However, many reported a whole host of barriers in getting a recording in place.”

[with thanks to Tony Collins and Campaign for Change for permission to repost] Capita’s share price has fallen to a new 10-year low today (8 December 2016) after chief executive Andy Parker warned that “near-term headwinds” would hit trading performance in the first half of 2017. The company’s share price of 513p at lunchtime today was 9%… Continue Reading C […]

Devastation writes, SERIOUSLY BAD NEWS Sharp readers will remember the plan announced in 2015 to shrink the “estate” of the DWP by 20% over the next few years. Well, here are some examples of this move in Glasgow – where a whopping HALF of all Jobcentres will close!!!!!! This is devastating news, because thousands of […]

Report by CJ6.30PM-8.30PM Monday 21st Nov 2016 Unite Housing Workers and Social Housing Residents meeting. Only 6 people including CJ and Tim B. Discussed problems with social housing providers for workers and tenants, so in both our interests to get together. Another meeting pencilled in for 30thJan 2017. Nice coffees and luxury biscuits.Noon-1.15pm Weds 23 […]

Today, Netpol supporters received our November 2016 newsletter in their email in-boxes. It is now also available online here. If you would like to receive future email updates, sign up to Netpol’s ‘announcements’ list here. We would also like to ask for your help: if you think the work we undertake is important and worth … The post Read our November 2016 new […]